Law Commons^™

Appeal No. 0654: Paul A. Grim V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 98-48

Appeal No. 0681: Joseph T. Flaherty, Dba Pioneer Production V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-82

Appeal No. 0682: Eastland Energy Group V. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2000-14

Appeal No. 0676: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-129. 99-130, 2000-16 & 2000-17

Appeal No. 0677: B.T. Energy Corp. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-142

Appeal No. 0675: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-129. 99-130, 2000-16 & 2000-17

Appeal No. 0678: Perto Drilling Corp., Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-156

Appeal No. 0686: B.T. Energy Corp. Division Of Oil & Gas, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2000-43

Appeal No. 0683: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-129. 99-130, 2000-16 & 2000-17

Appeal No. 0684: Robert Barr, Dba Big Sky Petro. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 99-129. 99-130, 2000-16 & 2000-17

When Should Contract Law Supply A Liability Rule Or Term?: Framing A Principle Of Unification For Contracts, Juliet P. Kostritsky

Faculty Publications

To demonstrate the need for a unified instrumental framework for deciding gaps and implying liability rules, Part II of this Article will first describe the competing visions of the role of law in contract gap-filling. Although each vision has expanded the ways in which we think about contracts and has offered more realistic models of bargaining, each still fails to offer a unified framework for deciding how courts should decide *1290 incomplete contracts. Part III of the Article outlines the methodological framework for unifying judicial approaches to law-supplied terms or rules. The framework will incorporate a: (1) realistic model of …

International Institutions, Michael P. Scharf, John Knox, Michelle Mulvena, Chris Potter, Tracy Sund

Faculty Publications

No abstract provided.

The Tools For Enforcing International Criminal Justice In The New Millennium: Lessons From The Yugoslavia Tribunal, Michael P. Scharf

Faculty Publications

It is one thing to create an international institution devoted to enforcing international justice; it is quite another to make international justice work. Unlike the Nuremberg Tribunal, whose orders were implemented by the Allied occupation forces, the ICC will have no constabulary. In the absence of a direct enforcement mechanism, the ICC will have to rely on state cooperation and indirect means of inducing compliance with its arrest orders and requests for judicial cooperation.

The range of enforcement measures potentially available to the ICC include: (1) condemnation of non-cooperation by the Assembly of State Parties or the U.N. Security Council; …

Managing Internal Administrative Change, Joseph A. Custer

Faculty Publications

Mr. Custer considers the impact of already instituted internal administrative change on library staff and how best to deal with it. He approaches the topic by describing what his own library did when faced with significant internal administrative restructuring.

Can A Defendant Be Charged With Offenses Under Two Or More Articles Of The Ictr Statute Based On The Same Act(S)? If So, Can S/He Be Convicted Of Two Or More Crimes Based On The Same Act(S)?, Michael Ashkouri

War Crimes Memoranda

No abstract provided.

Does A Defendant Have Unlimited Entitlement To Be Represented By The Attorney Of His/Her Choice, When The Attorney Is Appointed By The Trial Chamber?, Tami L. Roberts

War Crimes Memoranda

No abstract provided.

Imputing The Intent Of A Superior To A Subordinate, April Yates

War Crimes Memoranda

No abstract provided.

On What Grounds Does A Defendant Have The Right To Substitute Counsel?, Lesly J. Michelot Ii

War Crimes Memoranda

No abstract provided.

Superior Responsibility, Loik S. Henderson

War Crimes Memoranda

No abstract provided.

The Concept Of Freedom Of Expression In Prosecutions For Crimes Based On Expressive Acts, Anna M. Pohl

War Crimes Memoranda

No abstract provided.

Standard Of Competence For Attorneys Who Represent Defendants Before The International Criminal Tribunal For Rwanda, Melanie Popper

War Crimes Memoranda

No abstract provided.

The Cartagena Protocol And Biological Diversity; Biosafe Or Bio-Sorry, Jonathan H. Adler

Faculty Publications

In January 2000, delegates from over 100 nations completed negotiations on an international treaty for the regulation of biotechnology, the Cartagena Protocol on Biosafety. The stated purpose of this protocol is to enhance the protection of biological diversity. Despite its good intentions, there is a mismatch between the protocol's substantive provisions and present threats to biological diversity. The protocol endorses "precautionary" regulation of transboundary shipments of genetically engineered organisms, including crops, so as to reduce the environmental risks that such organisms may pose. The greatest threat to biological diversity is habitat loss, largely driven by the conversion of land for …

A Theory Of Claim Interpretation, Craig Allen Nard

Faculty Publications

This article explores the proper scope of judicial power in patent law by focusing on the Federal Circuit's theories of claim interpretation. A study of the court's claim interpretation jurisprudence reveals two schools of interpretation. I characterize these approaches as (1) hypertextualism, which is the predominant interpretative theory; and (2) pragmatic textualism, which is gradually asserting itself. The hypertextualist judge has an expansive view of judicial power, characterizing claim interpretation as a question of law subject to de novo review. This highly formalistic approach stresses textual fidelity and internal textual coherence, but eschews extrinsic evidence as an interpretive tool, portraying …

United States Supreme Court: 2000 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

Beneficial And Unusual Punishment: An Argument In Support Of Prisoner Participation In Clinical Trials, Sharona Hoffman

Faculty Publications

Currently, approximately 1.8 million people are incarcerated in the United States at any given time. A disproportionately large percentage of the prisoner population has serious illnesses, such as AIDS and tuberculosis. Prisoners most often, however, are barred from participation in clinical trials, even when conventional therapy has failed, and experimental treatment might provide them with their only hope of survival.

Much of the reluctance to include prisoners in biomedical research is based on history. In the past, prisoners have been severely abused and even tortured in medical studies conducted in the Nazi death camps, Japanese prisoner camps, and correctional facilities …

More Sorry Than Safe: Assessing The Precautionary Principle And The Proposed International Biosafety Protocol, Jonathan H. Adler

Faculty Publications

Part I of this paper provides a brief overview of the development of biotechnology, its regulation and its use, with a particular emphasis on agricultural biotechnology. Part II outlines the United Nations Convention on Biological Diversity, which provides an international legal framework for a biosafety protocol and summarizes the results of recent protocol negotiations, such as those conducted in Cartagena, Colombia in February 1999, which continued in Montreal in January 2000. Part III explains why the proposed protocol embodies a variant of the precautionary principle and why such policies may do more harm than good. This paper concludes with some …

Reflections: Beyond Compliance Theory-Trips As A Substantive Issue, Peter M. Gerhart

Faculty Publications

Introduction to symposium on TRIPS as a Substantive Issue, Cleveland, Ohio, 2000.

New Developments In Scientific Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.

Ohio’S Dna Databank Statute, Paul C. Giannelli

Faculty Publications

No abstract provided.

Antitrust Immunity, The First Amendment & Settlements: Defining The Boundaries Of The Right To Petition, Raymond Shih Ray Ku

Faculty Publications

Specifically, this Article examines whether settlement agreements and consent decrees resulting from what would otherwise be immunized litigation are protected from antitrust scrutiny and liability under Noerr. In order to conduct this analysis, this Article develops a methodology for determining immunity by focusing the immunity examination upon the means used to petition government and the source of the alleged injuries. Ultimately, private conduct is immune from antitrust scrutiny when it represents a valid attempt to persuade an independent governmental decision-maker in an effort to solicit government action, and the alleged injuries result from that persuasive effort. The validity of any …